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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 49 - Transportation |
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Subtitle B - Other Regulations Relating to Transportation |
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Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
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SubChapter B - Federal Motor Carrier Safety Regulations |
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Part 383 - Commercial Driver'S License Standards; Requirements and Penalties |
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Subpart C - Notification Requirements and Employer Responsibilities |
§ 383.37 - Employer responsibilities.
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§ 383.37 Employer responsibilities.
No employer may allow, require, permit, or authorize a driver to operate a CMV in the United States if he or she the employer knows or should reasonably know that any of the following circumstances exist:
(a) During any period in which the driver does not have a current CLP or CDL or does not have a CLP or CDL with the proper class or endorsements. An employer may not use a driver to operate a CMV who violates any restriction on the driver's CLP or CDL.
(b) During any period in which the driver has a CLP or CDL disqualified by a State, has lost the right to operate a CMV in a State, or has been disqualified from operating a CMV.
(c) During any period in which the driver has more than one CLP or CDL.
(d) During any period in which the driver, or the CMV he/she is drivingthe driver is operating, or the motor carrier operation, is subject to an out-of-service order.
(e) In violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings.
[76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023]